Tasty Burger has beef with Chipotle in trademark spat

US fast food chain Tasty Burger has said it has no choice but to “aggressively defend” its trademark rights after rival restaurant chain Chipotle allegedly refused to respond to a cease-and-desist letter warning it not to use the term ‘Tasty Made’.

Chipotle, a Mexican-themed chain, is planning on opening a new range of burger restaurants called Tasty Made.

The company applied for three trademarks related to the term at the US Patent and Trademark Office last month.

According to Tasty Burger, it has served “millions of burgers to millions of customers” since it launched in 2010. The chain also has a contract with Major League Baseball and is the official burger of the Boston Red Sox.

David Dubois, CEO of Tasty Burger, said the ‘Tasty Made’ mark is “ unmistakably similar to our own in colour, shape and design”.

Chipotle was sent a cease-and-desist letter on July 19 but, according to Tasty Burger, “has nonetheless issued press releases and engaged in a media campaign to promote their new ‘Tasty Made’ burger restaurants since receiving this letter”.

Dubois said: “All of this leads us to believe that Chipotle has intentionally chosen to proceed with the name and mark without regard to the obvious infringement.

“Despite the obvious David and Goliath scenario, we cannot simply stand by and watch an enormously powerful company like Chipotle move forward with opening a burger restaurant with a similar name, mark, and logo design.

“We have no choice but to aggressively protect our well established mark.”